The Strand; Divided

On March 11, real estate agent Paul Smyth submitted an application to the zoning board of appeals asking for two variances at 29 Strand, a vacant beachfront property. The easements would allow Smyth to build a 1,700 square foot home on the property.

Since then, the zoning board of appeals has met twice, both times for more than four hours. Lawyers and surveyors for both Smyth, asking for the variances, and the neighbors, who strongly oppose the new house, have dominated those meetings. Combined, the groups have submitted more than 75 exhibits, and yet still the zoning board has not made a decision.

“The erection of such a massive structure on this small parcel would have a stinging affect on visual quality and property values,” Francis Pavetti, of 18 Strand Road, wrote in a letter to the zoning board.

“This thing has taken on a life of its own,” said Smyth, who refused to comment further.

The Full Story

Smyth does not own 29 Strand. It is owned by David Ferace, who also owns 30 Strand, another empty lot. Ferace and Smyth signed a Memorandum of Agreement on March 11 that Smyth will pay for all property taxes and the cost of acquiring zoning variances necessary to build a house on the property.

Smyth needs two variances to be able to build a house on the property. The first is to build the house 15 feet closer to a side yard than allowed, and the second is to build the house 45 feet closer (leaving just a 5-foot setback) from the front of the property.

Both of those variances angered neighbors. The variances would destroy the local habitat, and the sewer system that Smyth would have to install on the property would be at risk of leaking into Long Island Sound, they argue.

“The magnitude of the proposed zoning regulation changes for construction on Strand #29 would render the zoning regulations futile and adversely impact and cause irreparable damage to me, my neighbors and especially Long Island Sound and Waterford’s natural environment,” John Williams, of 4 Westcott Road, wrote in a letter of opposition.

Eric Oxboel, of 20 Strand Road, agreed.

“It is one thing for nature to take its course,” Oxboel wrote in a letter opposing the house. “But to squeeze in a new house, where none was intended to be, would seem to me to only accelerate the erosion.”

Oxboel went on to criticize Ferace’s handling of his property.

“I note in passing that the owners of 29 Strand have not, at least in my observation, ever taken any action over the years to protect the property against erosion… as have some of the other owners along the beach,” he wrote.

Others alleged that 29 Strand is unbuildable. The town assessor’s office did not have any record of that, though, and the lot is assessed at $403,530, a high number for a lot if it wasn’t buildable, according to the office.

Donald Gerwick, the surveyor for Smyth, countered that the lot is “more than twice the size of the smallest lot” on Strand Road. The property owners are willing to allow some pedestrian access on the lot so people can still go to the beach, Gerwick said.

Meanwhile, neighbors continue to fight the proposal.

The zoning board of appeals will continue to hear both sides at its June 2 meeting, and could make a decision on the variances.